Free Motion for Status Conference - District Court of Federal Claims - federal

Case 1:95-cv-00468-TCW

Document 142

Filed 08/25/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

ASTORIA FEDERAL SAVINGS & LOAN ) ASSOCIATION, ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) )

No. 95-468C (Judge Thomas C. Wheeler)

DEFENDANT'S MOTION TO HOLD STATUS CONFERENCE ON THE RECORD Pursuant to Rule 7(b) of the Rules of the United States Court of Federal Claims ("RCFC"), defendant, the United States, respectfully requests that the status conference scheduled for September 7, 2006, be on the record. Given that various pre-trial issues and trial scheduling may be addressed and resolved during this status conference, we respectfully request that a court reporter be scheduled to record the conference. This is particularly so given the complexity of these proceedings. Furthermore, a written record will enable defense counsel of record's supervisors to review the statements made by the Court and by the parties' representatives at the conference. Additionally, Department of Justice policy is that court proceedings generally should be open and on the record unless there is a reason for confidentiality. In short, the parties and the Court will be well served by having a record of the proceedings on September 7, 2006.

Case 1:95-cv-00468-TCW

Document 142

Filed 08/25/2006

Page 2 of 3

For the foregoing reasons, we respectfully request that the Court grant our motion to hold the status conference on the record. Respectfully submitted, STUART E. SCHIFFER Deputy Assistant Attorney General DAVID M. COHEN Director

JEANNE E. DAVIDSON Deputy Director /s/ William F. Ryan WILLIAM F. RYAN Assistant Director

/s/ John H. Roberson JOHN H. ROBERSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel. (202) 353-7972 Fax (202) 514-8640 Attorneys for Defendant

OF COUNSEL: ARLENE PIANKO GRONER ELIZABETH M. HOSFORD BRIAN A. MIZOGUCHI JOHN J. TODOR SAMEER YERAWADEKAR

August 25, 2006

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Case 1:95-cv-00468-TCW

Document 142

Filed 08/25/2006

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on this 25th day of August 2006, a copy of the foregoing "DEFENDANT'S MOTION TO HOLD STATUS CONFERENCE ON THE RECORD" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s/ John H. Roberson John H. Roberson

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